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Lot H-1A being 13.14 acres of Bowers Field Binding Site Plan.
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<br />(hereinafter “PREMISES”) for the purposes set forth in this LEASE. LESSEE agrees to accept
<br />the PREMISES “As Is,” and LESSOR makes no warranty as to the condition of the PREMISES
<br />or their suitability for any particular purpose.
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<br />1.1 Access. LESSOR agrees that, if LESSEE is not in breach of this Lease, LESSEE
<br />and LESSEE’s Associates are authorized for non-exclusive ingress and egress across the common
<br />areas of the Airport in the areas designated from time to time by LESSOR and for the purposes
<br />for which they were designed, all as permitted by applicable Laws and Regulations as defined
<br />herein, to the extent reasonably necessary for LESSEE’s use, occupancy, and Aircraft operations
<br />at the Premises.
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<br />1.2 Right of Flight and Other Reserved Rights. This Lease conveys only a leasehold
<br />interest in the Premises on the terms and for the purposes provided herein, and it conveys no other
<br />rights, title, or interests of any kind. Among the rights reserved to LESSOR, LESSOR reserves
<br />in the Premises a right of flight for the passage of aircraft in the air, on common area taxiways, a
<br />right to cause such noise as may at any time be inherent in the operation of aircraft, and all other
<br />rights reasonably associated with the operation of a municipal airport.
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<br />2. DEFINITIONS:
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<br />As used throughout this Lease, the following definitions shall apply:
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<br /> 2.1 The term “Airport Activity” shall mean any activity that involves, makes possible,
<br />or is required for the operation of aircraft, or that contributes to or is required for the safety of
<br />such operations. Aeronautical activities include, but are not limited to: aircraft charter
<br />operations, pilot training, aircraft rental, aircraft hangar leasing, sightseeing, aerial photography,
<br />crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services,
<br />sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft parts, and
<br />any other activities that directly relate to the operation of aircraft.
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<br />2.4 The term, “Lease Term” or “Term,” shall mean the period of time set forth
<br />hereinbelow in Paragraph 3.3.
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<br />2.5 The word, “LESSOR,” shall mean KITTITAS COUNTY, a Washington
<br />Municipal Corporation.
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<br />2.6 The word, “LESSEE”, shall mean The Washington State Department of Natural
<br />Resources, a Washington Municipal Corporation.
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<br />2.7 The term, “LESSEE’s Associates,” shall mean the subtenants of LESSEE,
<br />business invitees and customers of LESSEE and LESSEE’s subtenants, LESSEE’s and
<br />LESSEE’s subtenants’ employees, officers, directors, managers, and members, and LESSEE’s
<br />and LESSEE’s subtenants’ contractors.
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